Va. Code
» Title 15.2. Counties, Cities and Towns » Subtitle II. Powers of Local Government » Chapter 22. Planning, Subdivision of Land and Zoning » Article 7. Zoning
It is the general policy of the Commonwealth in accordance with the provisions of § 15.2-2283 to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses and the same time to recognize effects of change. It is the purpose of §§ 15.2-2296 through 15.2-2300 to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The exercise of authority granted pursuant to §§ 15.2-2296 through 15.2-2302 shall not be construed to limit or restrict powers otherwise granted to any locality, nor to affect the validity of any ordinance adopted by any such locality which would be valid without regard to this section. The provisions of this section and the following six sections shall not be used for the purpose of discrimination in housing.
1978, c. 320, § 15.1-491.1; 1997, c. 587.
Notes of Decisions
Hale v. Bd. of Zoning Appeals, Town of Blacksburg, 673 S.E.2d 170 (Va. 2009).
· cites it 2× “2, subsequently incorporated into current Code §§ 15.2-2296 and 15.2-2297). Proffers are voluntary commitments made by landowners in order to facilitate approval of conditional zoning and rezoning requests by ameliorating the impact of development of their property on the local…”
Gregory v. Bd. of Supervisors, 514 S.E.2d 350 (Va. 1999).
· cites it 2× “Code § 15.2-2296. These statutory provisions allow a local governing body to consider voluntarily proffered conditions as one factor in deciding whether to grant a proposed rezoning.”
Rowland v. Town Council of Warrenton (Va. 2020).
· cites it 9× “In support of this position, they note that Code § 15.2-2296 provides in relevant part that: 10 It is the purpose of §§ 15.”
Staples v. Prince George Cnty., 81 Va. Cir. 308 (Prince George Cir. Ct. 2010).
· cites it 3× “Plaintiffs’ concerns here appear to be misplaced, because in their Complaint, Plaintiffs cite Va. Code § 15.2-2296 which refers to conditional zoning.”
D.R. Horton, Inc. v. Bd. of Supervisors (Va. 2013).
· cites it 2× “Horton purchased the subdivision subject to BRS's 1 These proffered payments were offered to "offset the fiscal impacts" of the proposed development on the County's capital facilities, as authorized by Code § 15.2-2296. 2 revised proffer, as amended by the deleted obligation to…”
Morgan v. Bd. of Supervisors (Va. 2023).
“ Count V asserts that the Board’s 2020 decision violated Code § 15.2-2296 because the decision superseded the 1995 zoning ordinance in a manner that failed to ensure “the protection of the community.”
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